Video on Demand – are you a VoD service provider?

There’s a debate going on at the moment around the new requirement that Video on Demand (VoD) service providers register and pay a fee to Ofcom / the Association for Television On-Demand (ATVOD). The regulation covers things such as not including content which contains any incitement to hatred;, not including content which seriously impairs the physical, mental or moral development of under 18s, being open about sponsership etc.

So what’s wrong with that, you say? If it helps keep young and vulnerable people safer online, surely it’s a good idea.

The difficulty is two-fold:
~ who exactly counts as a VoD service provider? and
~ is the proposed £2,900 fee for the current year (to 31 March 2011) disproportionate for smaller providers?

After consultation (they received 18 responses in the latest consultation round) Ofcom/ATVOD came up with the estimate of 150 service providers in total, which they have since revised down to 129. On the basis of needing to cover their costs, these are the numbers used to arrive at the proposed fee. (They estimate their costs from 19 Dec 2009 – 31 March 2011 at £426,388.)

But the 129 could be well short if numerous small arts, campaigning and local organisations get pulled into the frame. On the one hand, that could be good, bringing the price down. But on the other hand, if every small organisation is compelled to register, it could stifle both creativity and free expression.

Ofcom has invited all small VoD service providers to register their service, and state why the £2,900 fee is unworkable for them, by 5pm on 15th July.

But there’s that worrying lack of clarity in the detail as to who counts as a VoD service provider. Direct action videos, experimental arts films, filmed reports on empassioned debates – do these count as video on demand? Think of small arts organisations and lobbying groups which produce/publish videos for anyone to watch – do they fall under the legislation? And if so do many of them know about it – has anyone told them they come under its jurisdiction? Probably not. Ofcom/ATVOD admit they have had little contact with small VoD service providers and seem happy to deal only with umbrella organisations (such as ULTV – United for Local Televison), a somewhat outdated approach for such a vibrant sector as this.

In the future, the producer/publishers of all such content could be picked up and ‘shopped’ as unlicensed VoD service providers because someone in authority doesn’t like what they’re saying.

And if you don’t believe that will happen, think about the way that photographers are increasingly stopped from taking pictures in public ‘sensitive’ areas by over-cautious community support officers quoting the anti-terrorism laws.

Watch out for the test cases to follow….